Excerpt: ...aint where the pleading does not state facts sufficient to constitute a cause of action. (Code of Civil Procedure section 430.10(e).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp...

Excerpt: ....App.4th 775, 787.) The allegations in the pleadings are deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The complaint fails to allege sufficient facts to support any claim against defendant Michael Blore individually as there are insufficient factual allegations of personal liability against Mr. Blore. The remainder of the allegations are suffici...

Excerpt: ... determine the eligibility of individual class members. Specifically, Monier needed to identify when a potential class member was exposed to a statement, falling under the proviso, in order to determine whether the individual claim was barred by the statute of limitations. Monier should be afforded the ability to determine when a potential class member was exposed to a statement for the purposes of determining eligibility of that individual class...

Excerpt: ...nd reasonable. Defendant's Section 998 offer was made in good faith and realistically reasonable under the circumstances that existed at the time of the offer. (Elrod v. Oregon Cummins Diesel, Inc. (1987) 195 Cal.App.3d 692.) Defendant is awarded $22,352.89 in costs. ...